IMH POOL VI-A LP v Adamajtys
Last updated: December 14, 2024
Order
Ordered by Kelly Delaney,Tribunals Ontario under Section 78, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Dispute Categories
Subsections of RTA Quoted
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Citation: IMH POOL VI-A LP v Adamajtys, 2024 ONLTB 39106
File Number: LTB-L-006992-24
Timeline
Hearing Date
May 2024
Order Date
May 28, 2024
Tenancy End Date
Jun 2024
Decision
The tenancy is terminated unless the Tenant pays $7,135.26 by May 31, 2024 or $9,373.35 by June 30, 2024 to void the order. If the Tenant does not pay, they must move out by June 30, 2024. The Tenant also owes daily compensation of $73.58 starting May 22, 2024 until they move out.
Reason for Eviction Relief
to afford the Tenant the opportunity to maintain the tenancy or find a new rental property
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet conditions of a previous order (LTB-L-026580-22) issued on August 14, 2023. The conditions were to pay January 2024 rent by January 1, 2024 and pay $300 towards arrears by January 20, 2024.
Determinations
- Tenant did not meet conditions of previous order
- Landlord is entitled to request order for payment of arrears
- Tenant owes $7,135.26 in arrears
- Landlord entitled to daily compensation of $73.58 starting May 22, 2024
Landlord's Arguments
Arguments
Landlord Representative submitted that the Landlord would be opposed to a new payment plan, citing the Tenant's failure to adhere to one previously ordered by the Board.
Tenant's Arguments
Actions and Evidence
Tenant testified that she intended to find a new rental property to be closer to her work but required time.
Similar Cases
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C*** Manor v Kabeya
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Singh and Thind Holding Inc. v Boyd
The Landlord and Tenant Board dismissed a tenant's review request seeking to overturn a consent termination order, ruling that the consent was valid and no procedural errors occurred.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
C*** Manor v Kabeya
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached conditions in a previous order.
Singh and Thind Holding Inc. v Boyd
The Landlord and Tenant Board dismissed a tenant's review request seeking to overturn a consent termination order, ruling that the consent was valid and no procedural errors occurred.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
London and Middlesex Community Housing v Leese
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached payment conditions from a prior order.
Matrix Non-Profit Housing Corporation v Westell
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Equiton Residential Income Fund LP v Sadeghikia
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270 Development Inc. v. Garosto
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